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Author Topic: Question for you surveyors (sorry but it's a touchy question)  (Read 5976 times)

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Offline WH_Conley

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #20 on: December 19, 2005, 06:38:13 PM »
SwampDonkey, you have my sympathy and understanding. I am currently in a dispute because someone in the past used a fold in a topo map as the property line and not the fence that is called for, corporation owns the adjoining property, they have done this before to other people in the county, and the nightmare continues.
Bill

Offline Bill H

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #21 on: December 19, 2005, 10:03:27 PM »
SD they should have some type of recourse against the surveyor, what I'm not sure  :-\. In Ky I could give you a proper answer but am unfamiliar with property law north of the border. Watch the RPLS site because most of those guys are exellent. Bill KY PLS 3728
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Offline Ron Scott

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #22 on: June 06, 2006, 07:20:04 PM »
Swamp,

Has there been any resolution yet to the survey problem?
~Ron

Offline maple flats

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #23 on: June 06, 2006, 07:45:27 PM »
My experience in New York State is that a new surveror will not come to re-check a survey for that purpose. You must make your request the correct way or they decline. Just call far a new survey and do not say you are having a problem with a previous survey. By the way, I doubt the first surveyor refunded his fee when he removed the stakes, correct. Now they paid for a survey that was not apparently done. However if the survey was the adjoining property and not theirs even thou they think they share a common boundry they likely have little they can do about it. If your parents paid for the survey they should be duly compensated, IMHO
logging small time for years but just learning how,  2012 36 HP Mahindra tractor, 3point log arch, 8000# class excavator, lifts 2500# and sets logs on mill precisely where needed,  Peterson ATS upgraded to WPF mill, maple syrup a hobby that consumes my time. looking to learn blacksmithing.

Offline SwampDonkey

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #24 on: June 07, 2006, 08:07:36 AM »
Ron, funny you should ask. The surveyor was back monday I think and I haven't had a chance to talk with the folks over it. Mother said father was talking with him and they were looking where the origiaal markers were set. I may find out today what he was back the second time for. One thing for sure if the folks have to do additional landscaping, he's going to be getting the bill.  >:(
Move'n on.

Offline Paschale

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #25 on: June 07, 2006, 09:15:12 AM »
I know this is an old thread, but I find it interesting.  Many people in the thread had stories about incorrect surveying done, where outbuildings were put on the wrong lot, etc.  Isn't there a provision in the law that talks about actual "practice" having weight as well?  My dad used to work for a surveyor, and he talked about how old, time honored fence lines had the weight of law too in dealing with land disputes...or at least this is my recollection--I could remember this incorrectly.  Anyone know about this?   ???
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Offline Ron Scott

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #26 on: June 07, 2006, 12:33:16 PM »
It depends  ;) There seems to be more survey errors of late or a difference between surveyors establishing the same landline. Not sure why. Some may not be using their more high tech equipment correctly  :P

I've had 3-4 caess where the recently surveyed landlines turned out different than the original surveys. In some the different surveyors got together and agreed to the correct line. Another went to court for a decision and in the others, the landowner's agreed on ther line and didn't pay the surveyor.

It can make a big difference in a 20 feet line error across a 1/4 mile when some high priced veneer trees are involved.
~Ron

Offline Ernie_Edwards

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #27 on: June 07, 2006, 01:07:20 PM »
Paschale,

In the past I have seen cases where "USE" of land was determined by something called "open and notorious use". Usually refered to use of a strip of land as access to another parcel. Where this happened you would have well established property lines but one party openly used the other parties land as access to their land, and did this over an exrended period of time without being stopped by the owner of the property. After an extended period of time the user could not be forced off the access road because of their history of open and notorious use. However I would never depend on that always holding up in a court, it is just that I have seen it happen, in Arizona.

If the property owner put restrictions on the property, thereby retaining control of the access, then it was possible to stop all use if the owner so decided. An example of the was what I heard about the skating rink at Rockerfeller Center in NYC. They have at least one day a year when it is closed to the public so that the public has no legal right to access as a result of uncontrolled access.

I would never take this open and notorious use as a justification to deplete the other guys property of anything of value, such as the veneer logs Ron alluded to.

I have seen a degree of professional courtesy extended fron one surveror to another when the difference was minor,minor being within a tenth of a foot for property corners. Any more than that is open for review or proof that a new survey is needed.

I am just an engineer so certainly am not offering any legal advise, just relaying what I have seen in the past.

Ernie

Offline SwampDonkey

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #28 on: September 24, 2008, 07:31:29 PM »
Bringing this thread back to the top for an update. Took a while to fish it out (this thread) of the ever growing abyss. :D

But, anyway... things have been resolved with the survey of my folks' property. The back corners originally placed for the survey were incorrect and changed so that means a new strip of land (that triangular shaped section I mentioned) is amended and similar sized piece removed. That left a piece of  non-manicured lawn. The surveyor came good and paid for, and actually helped with labour, to clean up and seed down the new strip. All is as it should be. I'm glad my folks got treated well in the end. And the surveyor knows full well that I occasionally send him business. In fact the latest was just 2 weeks ago.  ;)

cheers
Move'n on.

Offline DanG

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #29 on: September 25, 2008, 11:17:05 AM »
That is excellent, Swampdonkey!  In most cases, someone ends up getting screwed, but it looks like everybody is happy there. 8) 8)

The situation in my case is still up in the air, mainly because we haven't pursued it.  At first, the neighbor mistakenly assumed that I was going to move the fence to the new line.  I gently and politely informed her that I don't have a fence.  The one she is referring to is 27 feet inside her property line, and was put there by her Grandfather about 35 years ago.
"I don't feel like an old man.  I feel like a young man who has something wrong with him."  Dick Cavett
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Offline cheyenne

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #30 on: September 25, 2008, 01:52:12 PM »
With todays GPS & satalites there is no excuse for mistakes it's just lazeyness on the part of the surveyor & whoever hires them. (Money) I just had one tell me he can pinpoint it perfectly. I'm going through the same thing with a utility co....Glad it worked out for them. Are you anywheres near Plaster Rock love the Lakeside Lodge.....Cheyenne
Home of the white buffalo

Offline SwampDonkey

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #31 on: September 25, 2008, 04:45:55 PM »
Plaster Rock is about an hour north of me. But, Lake Side Lodge is over by Gillispie Settlement near the Maine Border crossing to Limestone, Maine.
Move'n on.

Offline cheyenne

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Re: Question for you surveyors (sorry but it's a touchy question)
« Reply #32 on: September 25, 2008, 10:55:40 PM »
Chased a lotta bears up thatta way. Made that trip from greenville to limestone many times....Cheyenne
Home of the white buffalo


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